Curry v. Haley

United States District Court, D. South Carolina

June 2, 2016

James B. Curry, #186737, Plaintiff,v.Gov. Nikki R. Haley, Defendant.

ORDER

Shiva
V. Hodges United States Magistrate Judge

This is
a civil action filed by a state prisoner. Therefore, in the
event that a limitations issue arises, Plaintiff shall have
the benefit of the holding in Houston v. Lack, 487
U.S. 266 (1988) (holding that a prisoner’s pleading was
filed at the moment of delivery to prison authorities for
forwarding to District Court). Under Local Civ. Rule
73.02(B)(2)(f) (D.S.C.), pretrial proceedings in this action
have been referred to the assigned United States Magistrate
Judge.

PAYMENT
OF THE FILING FEE:

Plaintiff
has submitted an Application to Proceed Without Prepayment of
Fees and Affidavit and Financial Certificate, which is
construed as a Motion for Leave to Proceed in forma pauperis.
A review of the Motion reveals that Plaintiff does not have
the funds to prepay the filing fee. Plaintiff’s Motion
for Leave to Proceed in forma pauperis is granted. [ECF No.
2].

By
filing this case, Plaintiff has incurred a debt to the United
States of America in the amount of $350. See 28
U.S.C. § 1914. This debt is not dischargeable in the
event Plaintiff seeks relief under the bankruptcy provisions
of the United States Code. See 11 U.S.C. §
523(a)(17). The Prison Litigation Reform Act
("PLRA") of 1996 permits a prisoner to file a civil
action without prepayment of fees or security, but requires
the prisoner "to pay the full amount of the filing
fee" as funds are available. See 28 U.S.C.
§ 1915(a), (b). As the court has granted Plaintiff
permission to proceed in forma pauperis, the agency having
custody of Plaintiff shall collect payments from
Plaintiff’s prisoner trust account in accordance with
28 U.S.C. § 1915(b)(1) and (2), until the full $350
filing fee is paid.

TO
THE CLERK OF COURT:

This
case is subject to summary dismissal based on an initial
screening conducted pursuant to 28 U.S.C. § 1915 and/or
28 U.S.C. § 1915A. Therefore, the Clerk of Court shall
not issue the summons or forward this matter to the United
States Marshal for service of process at this time.

TO
PLAINTIFF:

Plaintiff
must place the civil action number listed above (C/A No.:
0:16-1677-JFA-SVH) on any document provided to the court
pursuant to this order. Any future filings in this case must
be sent to United States District Court, 901 Richland Street,
Columbia, South Carolina 29201. All documents requiring
Plaintiffs signature shall be signed with Plaintiff’s
full legal name written in Plaintiff’s own handwriting.
Pro se litigants shall not use the "s/typed name"
format used in the Electronic Case Filing System. In all
future filings with this court, Plaintiff is directed to use
letter-sized (eight and one-half inches by eleven inches)
paper only, to write or type text on one side of a sheet of
paper only and not to write or type on both sides of any
sheet of paper. Plaintiff is further instructed not to write
to the edge of the paper, but to maintain one inch margins on
the top, bottom, and sides of each paper submitted.

Plaintiff
is a pro se litigant. Plaintiffs attention is directed to the
following important notice:

You are ordered to always keep the Clerk of Court advised in
writing (United States District Court, 901 Richland Street,
Columbia, South Carolina 29201) if your address changes for
any reason, so as to assure that orders or other matters that
specify deadlines for you to meet will be received by you. If
as a result of your failure to comply with this order, you
fail to meet a deadline set by this court, your case may be
dismissed for violating this order. Therefore, if you have a
change of address before this case is ended, you must comply
with this order by immediately advising the Clerk of Court in
writing of such change of address and providing the court
with the docket number of all pending cases you have filed
with this court. Your failure to do so will not be excused by
the court.

IT IS
SO ORDERED.

Plaintiffs
attention is directed to the important warning on the next
page.

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